R19-059 1 RESOLUTION NO. R19-059
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING THE MAYOR TO SIGN
5 THE THIRTEENTH AMENDMENT TO THE TOWER
6 SITE LEASE AND JOINT USE AGREEMENT
7 BETWEEN THE CITY OF BOYNTON BEACH AND
8 NEW CINGULAR WIRELESS PCS, LLC AND PALM
9 BEACH COUNTY, FLORIDA FOR THE
10 TELECOMMUNICATIONS TOWER AT THE
11 ROLLING GREEN MUNICIPAL COMPLEX; AND
12 PROVIDING AN EFFECTIVE DATE.
13
14
15 WHEREAS, a portion of the Rolling Green Municipal Complex located at 515 NW
16 14th Court has been used for a communications tower constructed by Cingular(f/k/a/AT&T);
17 and
18 WHEREAS,this tower is primarily shared by various City and County governmental
19 agencies providing emergency services to the area and by Cingular providing cellular phone
20 and data service to its customers; and
21 WHEREAS, the Cingular requests approval for the addition of equipment and
22 frequencies to the tower to upgrade their regional network; and
23 WHEREAS,upon recommendation of staff,the City Commission has determined that
24 it is in the best interests of the residents of the City to execute an Thirteenth Amendment to
25 the Tower Site Lease and Joint Use Agreement with New Cingular Wireless PCS, LLC., and
26 Palm Beach County, Florida; and
27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
28 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
29 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
30 being true and correct and are hereby made a specific part of this Resolution upon adoption
S:\CA\RESO\Agreements\13th Amendment to Tower Site Lease(Rolling Green)-Reso.docx
31 hereof.
32 Section 2. The City Commission of the City of Boynton Beach, Florida does
33 hereby approve and authorize execution of the Thirteenth Amendment to the Tower Site Lease
34 and Joint Use Agreement with Cingular Wireless and Palm Beach County Communications,
35 attached hereto as Exhibit"A".
36 Section 3. This Resolution will become effective immediately upon passage.
37
38 PASSED AND ADOPTED this 4 day of June, 2019.
39
40 CITY OF BOYNTON BEACH, FLORIDA
41 YES NO
42
43 Mayor—Steven B. Grant ✓
44
45 Vice Mayor—Justin Katz
46
47 Commissioner—Mack McCray
48
49 Commissioner—Christina L. Romelus ✓
50
51 Commissioner—Ty Penserga �✓
52
53
54 =—„OT0/y h`‘‘‘
55 ••••••• � VOTE 5 O
k �.1pORATe•.7 tt
56 ATTEST: 1 OAP '• 1.
L '57 WQV:�58 iV 0 i
g259i ° '
i�. iii �.� hIi�� 1. �',Jus ith A. Pyle, ' •......
6 City Clerk
62
63 (Corporate Seal)
64
S:\CA\RESO\Agreements113th Amendment to Tower Site Lease(Rolling Green)-Reso.docx
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R2019 1510
OCT 0 8 2019
THIRTEENTH AMENDMENT TO TOWER SITE LEASE
AND JOINT USE AGREEMENT
between
CITY OF BOYNTON BEACH, FLORIDA
and
NEW CINGULAR WIRELESS PCS, LLC,
a Delaware limited liability company
and
PALM BEACH COUNTY, FLORIDA
************************************************************************
Boynton Beach Tower
Exhibits: Exhibit"G" - Antenna Tower Schematics
G:\PREM\PM\Out Lease\City of Boynton AT&T Tower\Amend 13\13th Amendment Boyn Bch Tower-ATT HF appvd 7-1-2019.docx
R2019 1510
THIRTEENTH AMENDMENT TO TOWER SITE LEASE
AND JOINT USE AGREEMENT
THIS THIRTEENTH AMENDMENT TO TOWER SITE LEASEINT USE
AGREEMENT(R99-311-D), is made and entered into this da 0 O 15 ,2019,by
and between the CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation ("CITY"),
NEW CINGULAR WIRELESS PCS, LLC, a Delaware limited liability company
("CINGULAR"), and PALM BEACH COUNTY, a political subdivision of the State of Florida,
by and through its Board of County Commissioners, hereinafter referred to as("COUNTY").
WITNESSETH:
WHEREAS, CITY and West Palm Beach Cellular Telephone Company entered into that
certain Tower Site Lease and Joint Use Agreement dated November 18, 1986 (the "Original
Lease") for the construction of a 320-foot self-supporting communications tower upon the
Premises;and
WHEREAS, CITY and Palm Beach County Cellular Telephone Company, as the
successor in interest to West Palm Beach Cellular Telephone Company, entered into that certain
Amendment to Tower Site Lease and Joint Use Agreement, dated June 21, 1988 (the "First
Amendment");and
WHEREAS, CITY and Palm Beach County Cellular Telephone Company, entered into
that certain Amendment Number Two to Tower Site Lease and Joint Use Agreement dated June
20, 1989(the"Second Amendment"); and
WHEREAS,CITY,Palm Beach Cellular Telephone Company,as the successor in interest
to Palm Beach County Cellular Telephone Company, and Richard P. Wille, as Sheriff of Palm
Beach County(COUNTY),entered into that certain Joint Use Agreement dated August 22, 1989
(the"Third Amendment");and
WHEREAS, CITY and AT&T Wireless Services of Florida(AT&T), as the successor in
interest to Palm Beach Cellular Telephone Company, and COUNTY entered into that certain
Fourth Amendment to Tower Site Lease and Joint Use Agreement in 1998 (the "Fourth
Amendment");and
WHEREAS,CITY,AT&T and COUNTY entered into a Fifth Amendment to Tower Site
Lease and Joint Use Agreement dated February 23, 1999 (R99-311D) (the"Fifth Amendment");
and
WHEREAS,CITY,AT&T and COUNTY entered into a Sixth Amendment to Tower Site
Lease and Joint Use Agreement dated June 6, 2001 (R2001-0867) (the "Sixth Amendment") in
order to modify the legal description and authorize the County to install a generator with fuel tanks;
and
WHEREAS, CITY, AT&T and COUNTY entered into a Seventh Amendment to Tower
Site Lease and Joint Use Agreement dated May 21, 2002 (R2002-0766) (the "Seventh
Amendment")to allow AT&T to install new antenna and transmission lines to accommodate new
third generation Global System Mobil technology;and
WHEREAS, CITY, AT&T and COUNTY entered into an Eighth Amendment to Tower
Site Lease and Joint Use Agreement dated January 13, 2004 (R2004-0098) (the "Eighth
Amendment")to allow the CITY to relocate their antennae; and
WHEREAS,CITY,AT&T and COUNTY entered into a Ninth Amendment to Tower Site
Lease and Joint Use Agreement dated November 16, 2004 (R2004-2366) (the "Ninth
Amendment")to allow the CITY to replace an existing antenna and add two new antennas; and
WHEREAS, CITY, CINGULAR, as the successor in interest to AT&T, and COUNTY
entered into a Tenth Amendment to Tower Site Lease and Joint Use Agreement dated May 16,
2006 (R2006-0857) to allow COUNTY to install communication equipment for the purpose of
Page 1 of 7
•
deploying a countywide paging system and added equipment to upgrade CINGULAR's regional
network; and
WHEREAS, CITY, CINGULAR and COUNTY entered into an Eleventh Amendment to
Tower Site Lease and Joint Use Agreement dated July 16, 2013, (R2013-0877) (the "Eleventh
Amendment") to allow City to add equipment and frequencies to the tower in order to upgrade
their regional network; and
WHEREAS, CITY, CINGULAR and COUNTY entered into an Twelfth Amendment to
Tower Site Lease and Joint Use Agreement dated July 1 I, 2017, (R2017-0889) (the "Twelfth
Amendment")to allow the CITY to add equipment and frequencies to the tower in order to upgrade
their regional network. The Original Lease, as amended by the First Amendment, the Second
Amendment, the Third Amendment, the Fourth Amendment, the Fifth Amendment, the Sixth
Amendment, the Seventh Amendment, the Eighth Amendment, the Ninth Amendment, the Tenth
Amendment, the Eleventh Amendment, the Twelfth Amendment and the Thirteenth Amendment
is hereinafter referred to as the "Tower Site Lease"; and
WHEREAS, CINGULAR in 2018 requested and obtained CITY and COUNTY consent
to perform maintenance type modifications to be incorporated into the Tower Site Lease in a future
amendment.
WHEREAS,CINGULAR desires to make additional modifications to the tower to support
future use and has requested approval for the addition of equipment to the tower to upgrade their
regional network; and
WHEREAS, in order to accommodate CINGULAR's request, it is necessary to modify
the Antenna Tower Schematics exhibit of the Tower Site Lease; and
WHEREAS, an updated structural study was performed and CITY, CINGULAR and
COUNTY acknowledge and agree that the changes contemplated herein will not affect the structural
capacity of the tower; and
WHEREAS, CINGULAR acknowledges that if structural changes to the tower are
required by CINGULAR's modifications must be made at CINGULAR's sole cost and expense
and in compliance with the terms of the Tower Site Lease; and
WHEREAS, County desires to incorporate certain language into the Tower Site Lease;
and
WHEREAS, the parties hereto desire to amend the Tower Site Lease, as amended, in
accordance with the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
hereinafter set forth, and various other good and valuable considerations, the receipt and
sufficiency of which are hereby acknowledged,the parties hereto agree as follows:
1. All defined terms as used herein shall have the same meaning and effect as in the Tower
Site Lease.
2. Exhibit '`G" (Antenna Tower Schematics) attached to the Twelfth Amendment to the
Tower F;te Lease shall be replaced with a new Exhibit "G" (Antenna Tower Schematics)
attached hereto and incorporated herein by reference.
3. CINGULAR, at its sole cost and expense, shall be responsible for the design and
construction of its modifications to the tower as described on Exhibit "G". CINGULAR
acknowledges and agrees said modifications will be made in accordance with the Tower
Site Lease.
4. Article VI Insurance, of the Tower Site Lease, is hereby deleted in its entirety and
replaced with the following:
111 Page 2 of 7
I
County shall, during the entire Term hereof, provide CITY and CINGULAR with a
certificate evidencing self-insurance coverage for commercial general liability in the
amount of Two Hundred Thousand Dollars ($200,000) per person and Three Hundred
Thousand Dollars ($300,000) per incident or occurrence and Workers' Compensation
insurance covering all employees in accordance with Chapter 440 Florida Statutes. In the
event the Legislature should change the County's exposure by Statute above or below the
sums insured against,the County shall provide insurance to the extent of that exposure.
5. Section 18. Non Discrimination, of the Tower Site Lease, is hereby deleted in its
entirety and replaced with the following:
Pursuant to Palm Beach County Resolution 82017-1770, as may be amended, the parties
agree that no person shall, on the grounds of race, color, religion, disability, sex, age,
national origin, ancestry, marital status, familial status, sexual orientation, gender identity
or expression, or genetic information, be excluded from the benefits of, or be subjected to
any form of discrimination under any activity conducted pursuant to this Lease. Failure to
meet this requirement shall be considered default of this Lease.
6. Section 19. Office of the Inspector General, of the Tower Site Lease, is hereby deleted
in its entirety and replaced with the following:
Palm Beach County Office of the Inspector General Audit Requirements:
Palm Beach County has established the Office of the Inspector General in Palm Beach
County Code, Section 2-421 - 2-440, as may be amended. The Inspector General is
authorized with the power to review past, present and proposed County contracts,
transactions, accounts and records. The Inspector General's authority includes, but is not
limited to, the power to audit, investigate, monitor, and inspect the activities of entities
contracting with the County,or anyone acting on their behalf,in order to ensure compliance
with contract requirements and to detect corruption and fraud. Failure to cooperate with
the Inspector General or interfering with or impeding any investigation shall be a violation
of Palm Beach County Code, Section 2-421 - 2-440, and punished pursuant to Section
125.69,Florida Statutes, in the same manner as a second degree misdemeanor
7. Section 20 Public Entity Crimes is hereby added to the Tower Site Lease as follows:
Public Entity Crimes
As provided in Section 287.132-133, Florida Statutes, a person or affiliate who has been
placed on the State of Florida convicted vendor list following a conviction for a public
entity crime may not submit a bid for a period of thirty-six (36) months from the date of
being placed on the convicted vendor list. By entering into this Lease or performing any
work in furtherance hereof, CITY and CINGULAR certifies to the best of its knowledge,
that it, its affiliates,suppliers,subcontractors and consultants who will perform hereunder,
have not been placed on the convicted vendor list maintained by the State of Florida
Department of Management Services within the thirty-six (36) months immediately
preceding the effective date hereof. This notice is required by Section 287.133(3)(a),
Florida Statutes.
8. Section 21 Condemnation is hereby added to the Tower Site Lease as follows:
Condemnation
If all or part of the Premises shall be taken,condemned or conveyed pursuant to agreement
in lieu of condemnation for public or quasi-public use, the entire compensation or award
therefor, including any severance damages, shall be apportioned between CITY,
CINGULAR and County in proportion to the value of their respective interests and the rent
shall be recalculated effective upon the date of vesting of title in the condemning authority
to reflect the reduction in the Premises. County shall also be entitled to receive
compensation for the value of any Alterations or other improvements made by County to
the Premises and moving expenses. In addition,County may elect to terminate this Lease
in which event this Lease shall terminate effective as of the date title is vested in the
condemning authority, whereupon the parties shall be relieved of all further obligations
occurring subsequent to the date of termination other than those relating to apportionment
of the compensation for such condemnation. In the event the County elects to terminate
Page 3 of 7
this Lease as provided in this Article, the Rent payable hereunder shall be prorated to the
date of termination. County will be allowed not less than sixty(60)days notice to remove
its property from the Premises.
9. Section 22 No Third-Party Beneficiary is hereby added to the Tower Site Lease as
follows:
No Third Party Beneficiary
No provision of this Lease is intended to, or shall be construed to, create any third party
beneficiary or to provide any rights to any person or entity not a party to this Lease,
including but not limited to any citizens of Palm Beach County or employees of County,
CITY or CINGULAR.
10. Except as modified by this Thirteenth Amendment, the Tower Site Lease remains
unmodified and in full force and effect in accordance with the terms thereof.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
Page 4 of 7
L•,r.E2".1. IN WITNESS WHEREOF, COUNTY, CINGULAR, and CITY have executed this
Twelfth- Amendment, or have caused the same to be executed by their duly authorized
representatives,as of the day and year first above written.
Signed and delivered NEW CINGULAR WIRELESS PCS, LLC,
in the presence of: a Delaware limited liability company
By: AT&T Mobility Corporation
Its: Manager
By: j��
lt / Henry Galan
� ' Area Manager
W itn- - _ : 'rctt
e Pri �1ppdriTin
74011
Print Wit ess Name
(SEAL)
Witness Signature
Yasmarie Nevarez
Print Witness Name
[additional signature pages follow]
Page 5 of 7
ATTEST: CITY OF BOYNTON BEACH, FLORIDA, a
QUEENESTER NIEVES municipal c rporation of the State of Florida
DEPUTY CITY CLERK
By: By:
adie
Qu ester Nieves, Deputy City Clerk Steven B. Grant, Mayor
(CI SE• L)
APPRO ED • T• FORM
AND AGAL SU ICIENCY
City Att Fr
NoYN-CO
[This signature page represents a continuation of the Thirteenth Amendment between Palm Beach
County and the City of Boynton Beach and New Cingular Wireless PCS.]
•
Page 6 of 7
R2019 1 ; 10 octo s 2019
ATTEST:
SHARON R. BOCK PALM BEACH COUNTY, a political
CLERK & COMPTROLLER subdivision of the State of Florida, by and
t� through its Board of County
41
Commissioners rNT Y. C04+,,
B s Cr - NT 16$ By:
Deputy Cler % p�. o O ' _ Mack Bernard, Mayor
dp;' SEAL
Signed and delivered
i presence of:
Witness Signatur,
Print Witness Na
itness,:ignature
Ti`uo7N y Poco r6.00
Print Witne s Name
APPROVED AS TO FORM APPROVED AS TO TERMS AND LEGAL
SUFFICIENCY AND CONDITIONS
By: By:_` 1"31'-'1 W.1)
A 1s . t C• my Attorney Au rey olf1"31'-'1rector
Facilities Development&Operations
[This signature page represents a continuation of the Thirteenth Amendment between Palm Beach
County and the City of Boynton Beach and New Cingular Wireless PCS.]
G\PREM\PM\Out Lease\City of Boynton AT&T Tower\Amend 13113th Amendment Boyn Bch Tower-ATT HF appvd 7-I-2019.docx
111
Page 7 of 7
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BOYNTON BEACH TOWER & ANTENNA CONFIGURATION
Al 315' NOTES:
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r V2 30(1 AOK 03 300' DETAILS.
I • 2.DRAWING IS CONCEPTUAL ONLY AND NOT TO BE
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06 240 ':4 mig,
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VrAl, TOWER HEIGHT AGL 306 FEET
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Ir 013 200' PrAll
or PA" SITE ELEVATION AMSL: 15 FEET
Pr PM. TOWER ORIENTATION: S-I80 DEGREES
V NW-300 DEGREES
NE-060 DEGREES
X14 130' •,.,, .0113 130' ■-- 016 130•
017 200 *18 100•
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SECURITY DIVISION 1'fie:C;Tit&SI1e+Boyn1om'Bo,o1on.aw1 04-17-19 4 OF 4
3#0,
Agenda Item #:
MN1� Gw L1-73
PALM BEACH COUNTY mgI DK- U 6L5
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Rmv -
Meeting Date: October 8, 2019 [X] Consent [ ] Regular
[ ] Ordinance [ ] Public Hearing
Department: Facilities Development & Operations
I. EXECUTIVE BRIEF
Motion and Title: Staff recommends motion approve: a Thirteenth Amendment to Tower Site Lease
and Joint Use Agreement (Agreement) with New Cingular Wireless PCS, LLC (Cingular) and the City
of Boynton Beach(City)(R99-311-D)for a tower site located in Boynton Beach with a current expiration
date of February 22, 2029.
Summary: County, Cingular and City entered into an Agreement to jointly use Cingular's tower
located east of I-95, south of Gateway Boulevard, in Boynton Beach. Cingular desires to replace its
existing antennas and add new antennas to improve signal coverage and to improve Cingular's 4G
services. Cingular will obtain all necessary permits and governmental approvals associated with its
modifications, and all equipment installations will be made at Cingular's sole cost. This Thirteenth
Amendment modifies Exhibit "G" Antenna Tower Schematics of the Agreement and updates various
standard provisions. There will be no cost to the County nor service interruptions to the County's system.
All other terms of the Agreement remain unchanged. PREM will continue to have administrative
responsibility of the Agreement. (Property & Real Estate Management) District 7 (HJF)
Background and Justification: The Board approved a Fifth Amendment to the Tower Site Lease and
Joint Use Agreement on February 23, 1999 (R99-311-D)with Cingular and the City of Boynton Beach,
which provided for Cingular's use of a County owned tower site located at 20 Mile Bend (R99-312D) in
exchange for the County's use of this Boynton Beach tower. The Board has previously approved various
amendments to this Agreement for modifications to equipment at this location. This Thirteenth
Amendment modifies Exhibit "G" to reflect the current tower loading and modifies the non-
discrimination,insurance, inspector general provisions,and adds public entity crimes, condemnation and
no third party beneficiary provisions to the Agreement. The replacement of antennas will allow Cingular
to take advantage of current technologies. The Electronic Services and Security Division has reviewed
and approved the proposed modifications. Cingular is an entity registered with the Federal Securities
Exchange Commission whose interest is for sale to the general public. Florida Statutes does not require
that a Disclosure of Beneficial Interests be obtained.
Attachments:
1. Location Map
2. Thirteenth Amendment to Tower Site Lease and Joint Use Agreement(3)
Recommended By: . _ `ti• "W& R 13 1
Dep., t Director Date
Approved By: r- 9 76- /7
o ty Administrator Date
. ,
.
II. FISCAL IMPACT ANALYSIS
A. Five Year Summary of Fiscal Impact:
Fiscal Years 2020 2021 2022 2023 2024
Capital Expenditures
Operating Costs
External Revenues
Program Income(County)
In-Kind Match (County
NET FISCAL IMPACT $0 $0 _ $0_ $0 $_
#ADDITIONAL FTE
POSITIONS (Cumulative)
Is Item Included in Current Budget: Yes No X
Does this item include the use of federal funds? Yes No X
Budget Account No: Fund Dept Unit Object
Program
B. Recommended Sources of Funds/Summary of Fiscal Impact:
No fiscal impact.
Fixed Asset Number N/A
C. Departmental Fiscal Review: �,,�
III. REVIEW COMMENTS
A. OFMB Fiscal and/or Contract Development Comments:
41
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OFMB cp 3 1413 Con .ct Dev 1: • t and Col, v /17
B. Legal Sufficiency: /id '' N
Ay Age 009
A•sis . , my Attorney
C. Other Department Review:
Department Director
This summary is not to be used as a basis for payment.
G:\PREM\AGENDA\2019\10-8-19\Boynton Tower 13th Amendment-rcb.docx
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LOCATION MAP I
Attachment #1
1
Attachment#2
Thirteenth Amendment to Tower Site Lease and Joint Use Agreement(3)
l ..pages each